BUDDHA SINGH Vs. LALTU SINGH

JUDGEMENT

(1.) The question for determination involved in this appeal is one of considerable importance under the Hindu law, and relates to the order of succession under the Mitakshara as expounded in the Benares School, among the collateral kindred belonging to the same paternal stock as the deceased.

(2.) The suit out of which the appeal arises was brought by the appellant Buddha Singh alias Chaturi Singh to establish his right as the nearest reversioner to the estate of one Saheb Sahai, who died in 1873 without leaving any male issue. Saheb Sahai was a minor and unmarried at the time of his death; his mother, Rani Kishori Kunwar, who survived him, accordingly came into the possession of his estate, which she held for nearly thirty-four years. She died in 1907, when the succession opened to the male collaterals of Saheb Sahai.

(3.) The following genealogical table, on which both the Courts in India have based their judgments, will explain the relative position of the parties to this action :-